Delhi High Court - Orders
M/S B.S. Fun Motels Resorts Pvt Ltd vs Sdm/Ra (Kapashera) And Ors on 26 May, 2023
$~58
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7499/2023 & CM APPL.29099/2023
M/S B.S. FUN MOTELS RESORTS PVT LTD ..... Petitioner
Through: Mr. Parvinder Chauhan, Mr.
Abhilash Vashisht and Ms.
Aakriti Garg, Advs. with
Director of Petitioner
(M:8077154576,
Email:aakritigarg2@gmail.
com)
versus
SDM/RA (KAPASHERA) AND ORS. ..... Respondents
Through: Mr. Utkarsh Singh and Mr.
Arun Panwar, Advs. for Mr.
Santosh Kumar Tripathi, SC,
Civil, GNCTD.
(M:9129829862,
Email:[email protected])
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 26.05.2023 [Physical Hearing/ Hybrid Hearing]
1. By way of the present petition, the petitioner is aggrieved by the impugned demolition order dated 22.05.2023. It is submitted that the said demolition order has been passed without any jurisdiction and is based on null and void demarcation proceedings commenced on the alleged request of the Assistant Engineer, PWD, GNCTD.
2. It is submitted that the demarcation proceedings and all consequent proceedings are liable to be quashed, in as much as the This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2023 at 10:41:25 same are ex-facie illegal, non-est and without any jurisdiction. It is the case on behalf of the petitioner that the respondent No.1 is conducting proceedings in an arbitrary and illegal manner and in violation of Principles of Natural Justice. It is further submitted that the demolition order has been signed by the respondent No.1 in capacity as Chairman of Special Task Force (STF), though the demarcation notices as such have been issued in the capacity of Revenue Assistant.
3. It is submitted that the land in question ad-measuring 24 Bigha 14 Biswa situated in the Revenue Estate of village Kapashera, New Delhi was earlier purchased by the Predecessor in title of the petitioner. Subsequently, some portion of the land was sought to be acquired. Subsequently, the said land was de-notified. The Predecessor in title of the petitioner had filed an application before the Sub-Divisional Magistrate (SDM)/Vasant Vihar, New Delhi seeking correction in the revenue records post de-notification of the land.
4. It is submitted that the Assistant Engineer-IV, PWD/SWR-II made a request to SDM, Kapashera for carrying out the demarcation of Khasra No.38/30 and 19/33/1/1. It is submitted that the petitioner is the owner of land measuring 24 Bigha 14 Biswa situated in the Revenue Estate of village Kapashera and that Khasra No.19/33/1/1 is also one of the portion, under the ownership of the petitioner.
5. It is submitted that the petitioner made a request to the respondent to demarcate the entire Khasra No.19/33, since Khasra No.19/33/1 (6-4), 19/33/1/1 (0-10) and 19/33/1/2 (0-10) has been carved out from Khasra No.19/33. It is the case of the petitioner as far as the demarcation is concerned, the said had already been settled by This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2023 at 10:41:25 the SDM/RA, Vasant Vihar, Delhi way back in the year 2006.
6. It is the case on behalf of the petitioner that Tehsildar, Kapashera issue a notice dated 06.02.2023 for demarcation. The petitioner replied to the said notice vide letter dated 10.02.2023 and requested to provide the requisite documents. Subsequently, the petitioner received a notice from Tehsildar, Kapashera, thereby requiring the Director of the petitioner to attend the office of the SDM (Kapashera) on 20.04.2023 for adjudication of the objections as filed by the petitioner to the demarcation. It is submitted that the petitioner also submitted its objections with the Office of the SDM (Kapashera). Further, the Director of the petitioner also appeared before the SDM (Kapashera) on 20.04.2023 and requested for some time. Subsequently, though the Advocate for the petitioner appeared, it was submitted that in the absence of the any records he is unable to make any substantial submissions with respect thereto.
7. It is submitted that despite the aforesaid, notice for demolition dated 13.05.2023 was issued. It is further submitted that the petitioner received another notice on 22.05.2023 for demarcation of the Amusement Park run by the petitioner, despite the fact that requisite documents had not been provided to the petitioner. It is submitted that subsequently impugned demolition notice dated 22.05.2023 has been received by the petitioner, by which demolition action has been fixed on 29.05.202.
8. Issue Notice.
9. Since no one is appearing on behalf of respondents, Mr. Utkarsh Singh, Advocate from the Office of Mr. Santosh Kumar Tripathi is This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2023 at 10:41:25 requested to appear in the matter. He accepts notice and seeks time to take instructions and to file reply.
10. Let reply be filed within a period of four weeks. Rejoinder thereto, if any, be filed within a period of two weeks thereafter.
11. Considering the submissions made on behalf of the petitioner and also considering the submissions that village Kapashera has already been declared as Low Density Residential Area as well as urbanised village by way of notification under Section 507 of the DMC Act, it is directed that status quo be maintained with respect to the possession and construction in respect of land of the petitioner bearing Khasra No.19/33/1/1 (0-10), situated in Revenue Estate of village Kapashera, till the next date of hearing.
12. List on 11.10.2023.
13. Dasti under signatures of Court Master.
MINI PUSHKARNA, J MAY 26, 2023 sc This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2023 at 10:41:26